tag:www.mcgradylaw.com,2013-03-21:/blog/833692019-09-06T17:33:36ZMovable Type Enterprisetag:www.mcgradylaw.com,2019:/blog//83369.38250872019-09-06T17:34:36Z2019-09-06T17:33:36Z
If you've been charged with a crime, you need to take careful steps moving forward as you explore your options. Even though your charges may be the same as someone else's, your options may depend heavily on the circumstances surrounding your case.

One of the first things that you need to do when you know your charges is find out more about the potential penalties you are facing. When you first meet with your defense attorney, sit down and discuss the possibilities so that you can evaluate all of your choices. Your attorney won't be able to guarantee any kind of specific outcome in your case -- but he or she will likely understand what you can expect given the judge, your jurisdiction, any aggravating factors that might be involved in the case and any mitigating factors you might be able to present.

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You also need to consider what you will do if you are offered a plea deal -- or what kind of plea deal you would like your attorney to try to make for you with the prosecution. That's often an important part of any defense strategy. Keep in mind, however, that any plea deal will have the same effect on your life as a conviction and will leave you with a criminal record -- which is why some defendants won't even consider a plea.

For more information about your defense options, please continue exploring our website. You may also contact us directly to learn how we may be able to help you and discuss the specifics of your charges and your case.

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tag:www.mcgradylaw.com,2019:/blog//83369.38244342019-09-06T05:31:34Z2019-09-06T05:30:34Z
If you file for divorce in a Virginia court, the judge overseeing your case will issue a decree. This might come after mediated sessions between you and your spouse or once litigation is resolved. Either way, your ultimate goal is likely to achieve a fair and agreeable settlement that keeps your children's best interests in mind. If your spouse is probably going to have custody of the kids, you might be a bit worried about your new role as a non-custodial parent.

Many other Virginia parents are currently going through similar experiences. People might automatically think of child support problems and constant disagreements between parents when they think of non-custodians. However, that is often far from the reality because many parents try their best to get along and work together for their children's sake. They know their children will fare best if they put forth a team effort. There are several things to keep in mind that can help you avoid non-custodial parent problems.

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Once the court issues an order, you must adhere

You and your spouse may want to develop the terms of your own co-parenting agreement. That's fine in most cases although it pays to seek the court's approval and to get everything legally documented in case problems arise down the line.

If the judge issues a court order, you and your spouse must adhere to it to a tee. Even if you both agree to a change, you can't legally change anything without going back to court and requesting modification.

This is especially important for visitation

There may be numerous important topics covered in your court order. If one of them is an incorporated visitation schedule, as the non-custodial parent, you'll want to make sure you do exactly what the court order says. It's not acceptable to simply not show up on a scheduled visit day.

No one likes a deadbeat parent

You've likely read stories in the news about parents who were supposed to pay child support but never send payments. The court can legally enforce a child support order. If a non-custodial parent doesn't make payments on time, the court can hold him or her in contempt.

Tap into local resources for support

Maybe you have a close friend or relative who recently went through divorce. If any of them are non-custodial parents, you might find you can relate to their situations.

You no doubt disagree with your ex from time to time; otherwise, you might still want to be married. That doesn't necessarily mean you won't be able to resolve custody, visitation or support issues if they arise. Those who aren't afraid to reach out for support when needed can be confident that they will find fair solutions to even the most complex problems.

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tag:www.mcgradylaw.com,2019:/blog//83369.38154842019-08-23T11:00:51Z2019-08-23T10:59:51Z
You probably never expected that another driver would slam into the back of your vehicle while you are stopped at a stop sign or red light. When this happens, you might assume that you are fine because you don't feel anything right away. Unfortunately, whiplash is one injury that might take days or even weeks to appear.

Whiplash is a medical condition that occurs when the head is flung about. During the crash, your head probably went flopping about. This can lead to damage in the neck's structures. This condition is associated with headaches and a stiffness of the neck.

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If you have pain or stiffness of your neck that starts shortly after the wreck, you might have whiplash. Other symptoms include dizziness fatigue, loss of range of motion, tingling in the arms, pain in the shoulder area. These are all a sign that you need to go see your doctor or visit an urgent care facility.

In the past, people with whiplash would be given a neck brace and told to rest. There is a chance that you might be told to rest more, but you will also be given exercises to do to help your neck. It is imperative that you work on these so that you aren't allowing the neck to stiffen up and become accustomed to the current condition of the neck.

Another thing that is important is that the treatment that you address should be aimed at improving the range of motion and controlling the pain. Together, this might provide you with the relief that you need to move forward with life after the crash. Ultimately, you might opt to seek compensation to help cover the costs of the injury.

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tag:www.mcgradylaw.com,2019:/blog//83369.38088222019-08-09T19:41:34Z2019-08-09T19:40:34Z
When you live in a fast-paced society, it may seem normal to be constantly busy. You may juggle work, your household needs, your children’s after school activities, play dates and more, and it may feel like you are constantly on the go. However, this much activity can leave you exhausted, especially if you are not getting enough sleep at night.

There is nothing inherently wrong with having a busy lifestyle, but it is important to make sure you get enough sleep every night. Driving a vehicle after even one night without enough sleep could put you and others at risk.

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Drowsy driving can be as risky as drunk driving

Driving when drowsy can cause you to fall asleep at the wheel, but it can become dangerous long before that might occur. Sleep deprivation can cause some of the same effects as drinking alcohol, such as slowing your reaction times, impairing your ability to think and reducing your ability to focus.

According to the National Sleep Foundation, being awake for 18 hours straight will make someone drive as if he or she has a blood alcohol level of .05. Being awake for 24 hours will make someone drive as if he or she has a blood alcohol level of .10. A blood alcohol level of .08 is the legal limit.

Generally, if you get seven or eight hours of sleep every night, you should not be too tired to drive safely. However, if you are getting enough sleep and you are still tired, you may consider sharing your concerns with your doctor. Your medications or an untreated sleep disorder could be causing your sleepiness.

Although you may have a lot going on in your life, it is always important to make enough time for sleep. Drowsy driving risks your safety, but it also risks the safety of your passengers and others on the roadway.

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tag:www.mcgradylaw.com,2019:/blog//83369.38085922019-08-09T12:10:35Z2019-08-09T12:09:35Z
Family law matters are usually emotional matters. You have to think about how you and your children will be affected by every decision you make. This can put stress on you when you are dealing with something like a divorce or child custody matter. One way that you might be able to address this potential stress is to find out what options you have and what you can expect.

We know that there are a lot of variables that come into the picture for divorce and child custody matters. We have to look at your specific situation so that we can determine how we might need to handle specific points. We can help you learn about the choices you might have for each of these --so that you can determine how each might impact you now and into the future.

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The property division process is one that you have to be especially careful about. Some assets might have a nice value, but you have to think about the upkeep cost for that asset. You might find that the upkeep is going to be a severe strain on your budget. You may have to pass on the asset if that's the case, which is why you have to think about what effects it will have on your life.

The child custody matter is another one that some people face. This is a difficult one because you can't think about yourself or your needs. Instead, you have to put the kids first and determine how each decision you make is going to impact them.

Make sure that you are considering each aspect of the divorce individually. We can work with you to do this so that you can make informed choices.

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tag:www.mcgradylaw.com,2019:/blog//83369.37976742019-07-26T08:17:17Z2019-07-26T08:16:17Z
Parents who are going through a divorce have to quickly decide that they are going to work as a team. Trying to fight against each other in matters about the children can set a difficult precedent about how the future of the parenting relationship is going to go. One of the most important things that you need to do at this point is to remember that your children are perceptive. They probably know what is going on.

It might help your children to speak to you and your ex together, so they can get their questions answered with both parents together. This is a time to tell them what is going to happen and to reassure them that they didn't cause the divorce. When you are speaking to them, don't make promises that you can't keep. Only let them know things that you know for sure, and don't be afraid to say you don't know the answer to something.

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As one of the cornerstones of your child's life, your attitude can set the standard for their life. If you have a positive outlook and remember that they are looking up to you, things might fare better for them. Work on setting up an environment in your home where the kids can thrive. Set new traditions and make amazing memories with them.

You will have to work out the parenting plan and set up other aspects of the divorce. If you and your ex can work together instead of battling about everything, you might be able to keep the cost of the divorce down. This can also benefit your children because you can shift the funds you saved toward keeping up with the standard of living your kids are accustomed to.

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tag:www.mcgradylaw.com,2019:/blog//83369.37897932019-07-12T15:14:18Z2019-07-12T15:13:18Z
Traffic violations are often thought of as things that can be just paid and left alone after that. Some individuals might not realize that doing this can have very serious impacts on their life. This is especially true if you count on a clean driving record to be able to do your job duties. Instead of just paying these tickets, you should explore the options that you have and determine which is in your best interests.

There are several things that paying a traffic ticket can do to you. One of the most immediate is that you will have to pay the fine by a certain date. This can have a negative financial impact on you. In the long-term, it means that you might have to pay more for your car insurance since you don't have a clean record now.

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You may also have to deal with an inability to remain on your employer's insurance if you have to drive a company vehicle. Some commercial insurance providers will only cover individuals without any negative marks on their record.

One option that some people know of but are wary to use is going to court for the ticket. This is possible in many cases, and it might result in a more favorable outcome. One thing to be warned of is that you will have to pay court costs in some cases. This could mean that you have more of an immediate financial impact.

If you opt to go through court, you might decide that you need to hire an attorney. This may help you if your livelihood depends on you maintaining a clean driving record.

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tag:www.mcgradylaw.com,2019:/blog//83369.37802442019-06-28T16:11:49Z2019-06-28T16:10:49Z
A teenage girl who was a passenger in a truck was killed when the truck crashed into a home in the Kempsville area on June 24.

According to the Virginia Beach Police Department, the truck crashed into the house on South Parliament Drive. The truck overturned, and two of the three people in the truck were ejected.

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Preliminary investigations revealed that no one riding in the truck was wearing a seat belt. All three were taken to the hospital, where the girl later died.

The driver of the truck, an 18-year-old man, was ticketed for reckless driving and other offenses, police said. The police did not offer other details about the charges or any more information about the girl who was fatally injured because she was a juvenile. The initial investigation indicated that speed could have been a factor in the crash.

Neighbors recalled the harrowing crash. "It was like a bomb went off," one woman said, recounting how her husband went outside and saw the female victim in the driveway, unconscious.

Another woman went to comfort a young man who had been ejected and was lying in the yard. He said he was 17. "I just kept holding his hand to keep him calm," she said. "He kept squeezing it."

One man said he saw the pickup truck swerving as it sped down the street.

When a family loses a loved one, they are left to cope with unexpected costs, such as funeral expenses. An attorney experienced in personal injury cases can help families work to recoup financial and other losses.

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tag:www.mcgradylaw.com,2019:/blog//83369.37695352019-06-18T22:00:00Z2019-06-17T15:10:34Z
Did you know that injuries frequently cost more than your doctor bill? On top of having to pay a substantial medical bill, you might have to miss work or do some level of rehabilitation as well.

Whiplash is one of the most common injuries that occurs during a car accident. It is a soft tissue injury that happens when the neck moves backward and then quickly jolts forward. This causes a varying amount of damage to the muscles and ligaments that help keep your neck upright.

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The general understanding of whiplash is that it is a minor or potentially even fake injury, but it is very real. It can cause a lot of pain that makes regular day-to-day activities difficult.

Symptoms and diagnosis

The symptoms of whiplash are difficult to see, but the pain is extremely obvious for those suffering from it. People who sustained the injury in a car accident typically have neck pain, stiffness and tightness radiating from the head out into the shoulders and upper back. Pain is highly dependent your specific accident and can range from mild to severe. Extreme cases require medical treatment.

Non-experts often consider whiplash a minor or fake injury. If you believe you are suffering from whiplash, it is extremely important to have a doctor examine you. He or she will check your range of motion and reflexes as well as evaluate tenderness in your neck, shoulders and back. The sooner the diagnosis, the better off you will be.

Dealing with your injury

If you are involved in a high-speed crash, visiting a doctor or treatment should be one of the first things you do. Whiplash can be very challenging to prove and receiving a verifiable evaluation by a physician will make a personal injury claim much easier to show.

Once you have received documented proof from a physician, you want to file your claim as soon as possible. Waiting for your injury to get worse before deciding its time to move forward with your claim will not do you any good. Keep in mind that the sooner you take control of your situation, the sooner it will be that you will receive compensation for your injury.

Finally, you want to make sure that you document your expenses. If your circumstances result in you having to file a lawsuit with an attorney, you will want to have as much information as possible to assure that you receive the compensation that you deserve.

Whiplash can be a serious injury that not only affects your quality of life but also makes it difficult to perform your duties at work, and it’s important to seek proper legal help if necessary.

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tag:www.mcgradylaw.com,2019:/blog//83369.37667172019-06-13T11:12:30Z2019-06-13T11:11:30Z
Criminal defense matters must be carefully considered by the person who is facing the charges. When you are in this position, it is easy to become focused on the immediate consequences of each option. Take the time to consider the long-term impacts as well. Some cases, such as felonies, can affect you for the rest of your life. You don't want to have to deal with unnecessary impacts simply because you didn't take the time to think about what you are going to do.

We understand that you might not have any experience with the criminal justice system, and going through it for the first time is difficult. We are here to help you throughout the process. We want you to know what options you have so that you are able to determine the strategy that you feel the best using. Sometimes, there isn't an easy choice but thinking carefully about what can happen might help.

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Some decisions that you might have to make may not have a truly good option. In these cases, you have to choose the least horrible one. You may need to write out the pros and cons of each decisions so that you can see exactly what might happen if you choose a specific one.

We realize that your entire life might depend on the decisions you make now. We are here to work with you throughout the process so that you are able to fight for your rights and battle against the criminal charges that are causing problems in your life. Make sure that you are making the choices you feel are in your best interests.

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tag:www.mcgradylaw.com,2019:/blog//83369.37549802019-05-31T15:49:12Z2019-05-31T15:48:12Z
Whether you're in your 20s or your 50s, if you graduated from a private college and your parents didn't give you a significant amount of help with tuition and room and board, you likely have student loan debt. The average American with student loan debt owes more than $34,000. That's up 62% since a decade ago.

Student loan debt can impact people's ability to save for large purchases like a home and make them more likely to accept a job that pays well rather than take a risk on starting a new business. It can also impact people's marriages.

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It's been well-established that money issues are among the leading causes of marital discord. However, a recent study by the company Student Loan Hero found that one out of eight people specifically cited student loan debt as the reason for their divorce.

Most couples bring some debt into a marriage. These days, spouses may each have tens of thousands of dollars in student loan debt when they tie the knot. It's always wise for couples to be honest about their assets and debts when they get married. This can help them set realistic goals for the future and avoid unpleasant surprises down the line. That includes being forthright about your student loans.

Many people are concerned that they may end up being responsible for all or part of their spouse's student loan debt if they divorce. That's not usually the case. If student loans were obtained before your marriage, they're considered separate rather than marital debt. That means that each spouse leaves the marriage responsible only for their outstanding student loans. If you or your spouse obtains a student loan during your marriage, a judge could determine that both of you are responsible for it if you divorce.

If you and/or your spouse-to-be is entering the marriage with student loan debt or if either of you plans to continue your education after your marriage, it may be wise to put a prenuptial agreement in place to specify that each person's student loan debt (and perhaps other debts) are solely their responsibility in divorce.

If you do, you should each have your own family law attorney involved in the process. Even if one person's attorney draws up the prenup and the other reviews it, that will help ensure that both of your interests are represented and protected.

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tag:www.mcgradylaw.com,2019:/blog//83369.37339412019-05-13T14:06:33Z2019-05-13T14:05:33Z
When parents divorce, there are a multitude of custody arrangements to choose from. Which one you choose will depend on your own unique family dynamics and -- most importantly -- what's best for your children.

One type of custody arrangement is what's called "split custody" or "divided custody." It's not a common choice, but in some circumstances, it's the best one.

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Split custody involves at least one child living with each parent. In some cases, kids will live year-round with their designated parent. In other cases, kids will "switch" homes at some point during the year and live with the other parent. Depending on how the arrangement is set up, siblings may spend little if any time together in the same home. In other cases, there may be periods where they're under the same roof.

The idea of splitting up siblings when parents divorce is not without controversy, of course. However, there are some unique circumstances in which it may be the best solution. For example:

When sibling rivalry is so intense that the kids can't co-exist peacefully in the same home.

If one or more kids is aggressive to the point of causing harm to their sibling(s).

When a child has special needs that one parent is better able to handle than the other.

If one of the kids is in a special program that is close to just one parent. Maybe they're training to be a competitive gymnast or classical pianist, for example, or they attend a performing arts school.

If a child is old enough to decide that they only want to live with one parent.

The decision to use a split custody arrangement should never be made without careful consideration. Parents should also include in their custody plan time for siblings to be together, unless that would risk physical or emotional harm to a child.

Split custody doesn't need to be a permanent solution. It may be best to reevaluate the situation from time to time, as you would with any custody arrangement as the kids get older.

If you're considering the possibility of split custody, it's wise to talk with your family law attorney. They can help you work through the pros and cons based on your family dynamics.

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tag:www.mcgradylaw.com,2019:/blog//83369.37275772019-05-07T22:21:34Z2019-05-07T22:20:34Z
Dogs are one of the most popular pets in the United States. However, any dog can bite, and many beloved canine pets do bite. Dog bites can cause damage to the skin, muscles, tendons, nerves or bones. Dog bites can also cause infections and spread diseases.

Being bitten by a dog can be a painful and traumatic experience, and it is probably one you wish to avoid. Understanding dog body language is one way you can do so. By understanding dog body language, you can more easily identify situations when you might be at risk of being bitten and may need to separate yourself from the dog.

Instead, avoid making eye contact with the dog. If you can, try to stand with the side of your body facing the dog and slowly move away from the dog. If the dog lunges at you or is snapping at you, try to put something between you and the dog, such as a bag or a jacket. If you are knocked down, curl into a ball, tuck your head in, and cover your ears and neck with your hands.

Although you can treat some dog bite injuries at home, it is usually safer to have a doctor examine all dog bite wounds. Contact information for the dog’s owner and witnesses can be valuable to obtain, if you are able to. It can also be helpful to find out if the dog is up to date on vaccines. You may also consider reporting the incident to your local police department or animal control agency.

If you are severely injured by someone’s pet, you may be able to seek compensation for your injuries. You should not have to suffer because someone else did not take reasonable actions to prevent his or her dog from causing harm.

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tag:www.mcgradylaw.com,2019:/blog//83369.37234682019-05-03T11:01:35Z2019-05-03T11:00:36Z
For years, if you asked Americans about the number 1 safety threat on the highway, most would have told you that it was drunk driving. That outlook is part of the reason that drunk driving accidents have become less common each decade. People know the risks that it poses and they either refrain from it themselves or try to intervene with those who attempt to get behind the wheel while intoxicated.

Showing just how much things have changed, a recent study asked adult Americans -- those over 18 -- what they thought was the No. 1 threat. The majority of them, at 55%, picked distracted driving.

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That does not mean they no longer recognized that drunk driving is a risk itself. About a third of them (31%) still ranked it as their top concern. Beyond that, 11% picked either speeding or aggressive driving.

But it does mean that there is an awareness of just how bad distracted driving has gotten in the age of the smartphone. Most people think they're more likely to get seriously injured or killed by a driver who is typing a text message or browsing social media than by a driver who had one too many beers and tried to get home for the night.

Part of their fear could be that distracted driving happens all day long. Many drunk driving accidents happen at night, making them easier to avoid. After all, this study asked people to rank them -- without using stats -- so it really just tells you what they fear the most.

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tag:www.mcgradylaw.com,2019:/blog//83369.37090722019-04-18T15:34:43Z2019-08-22T06:16:19Z
As recreational marijuana increasingly becomes legal in states across the country, local prosecutors in states where it's still illegal are making the decision not to prosecute cases involving a minimal amount of the drug. Here in Virginia, Norfolk Commonwealth's Attorney announced in January that his office would stop prosecuting misdemeanor cases.

Now Portsmouth Commonwealth's Attorney Stephanie Morales is following suit. This month, her office began dismissing all pending cases. Defendants will still have to pay court costs, but they won't be prosecuted. With the support of local judges, Portsmouth prosecutors have begun dismissing all such pending cases. Defendants, however, will still have to pay court costs of about $165 each.

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Morales said, "I think we have a need for decriminalization and some restorative justice here." She also noted that it's better for the prosecutors in her office to focus their time and resources on violent crimes. She said, "We have really heavy caseloads, body cameras to watch and of course murder cases to handle. It's a lot."

This move doesn't mean that people are free to smoke marijuana on the streets of Portsmouth. The interim police chief said that the city's officers will "make arrests and enforce the law as they do in all criminal matters." However, she adds that "it is up to the members of our judicial system...to determine the appropriate penalties for the criminal offense."

The top prosecutor says that her office will still pursue marijuana possession charges if there's a violent crime involved. She predicts that most of these cases will involve juvenile defendants.

While individual prosecutors and jurisdictions are changing their policies regarding the prosecution of marijuana-related crimes, it's essential to understand that the laws in Virginia haven't changed. If you're facing any drug-related charges, even those involving marijuana, it's essential to take the matter seriously. It's always wise to seek legal guidance to help protect your rights.